BANK OF AMERICA WRONGFUL FORECLOSURE Emerging Class Action Lawsuit

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BANK OF AMERICA WRONGFUL FORECLOSURE
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      | 462 |      LEAD PLAINTIFF: RMTURNE      Case Filed: 2010-12-13
Case Summary:
On 4/27/2009 I got an approval letter from Countrywide that I was approved for the Making Home Affordable program. The following situations have transpired since then.

3/23/09 Faxed letter of explanation
Workout letter
Tax Return Form
` Pay-stubs
Bank Statements

4/1/09 I called and talked to Dana to check on the status update and to make sure all documents have been received. She said that the account is on hold and under review. There will be a decision by 5/1/09.
4/5/09 Called to check on the status. Got a message machine answering stating that the account is under review. Not to call back until 4/13/09
4/13/09 Received a letter in the mail dating 4/9/09 from Castle Meinhold & Stawiarski, attorney for Countrywide to start foreclosure process. The Countrywide approval letter clearly states that all collection have been suspended because the modification has been approved.
4/14/09 Called Countrywide 1-800-669-6650 begin_of_the_skype_highlighting††††††††††††††1-800-669-6650††††††end_of_the_skype_highlighting to check and see what to do about foreclosure. Talked to Moesha. Still in review. Said no need to call foreclosure attorney. Only to call if you have questions. She said to call 1-877-744-7691.
4/15/09 Talked to Christina 877-744-7691. Countrywide said that there is no sale date on the house.
4/17/09 Called Countrywide, Steven, the loan is under review. Will get documents sent soon with loan conditions. Keep calling and checking.
4/22/09 Called Countrywide, Clarissa 1-877-744-7691. Status is in workout assistance, still evaluating the account, call back.
4/27/09 Called Countrywide, Monica, still under review. No sale date, no foreclosure.
5/5/09 Countrywide said that the modification has been approved. Will get a call, will get a package soon in the mail. Do not call back before 6/26/09. All collections have been suspended. See print out from Countrywide.
6/23/09 Received a Dist.Court Motion for a foreclosure order.
6/23/09 Called Countrywide - Message said that all collections have been suspended.
6/26/09 Called Countrywide, talked to Christen, said to call back on Monday.
6/29/09 Called CW/Bank of America, Francis from Home Retention Team. Will send paperwork out if not received call back in 5 business days.
7/3/09 Received notice to sell home from Countrywide.
7/3/09 Called the HOPE hotline 888-995-HOPE. Chad (counselor) said that after being approved they should have never proceeded with the foreclosure procedure. We have a document that shows that we are approved for the HOPE program. He said that we fell through the crack.
7/3/09 866-977-2941, A guy answered said that collections should have stopped.
7/6/09 800-669-6650 Countrywide Home Retention Team, Troy said - no there is no sale date on the property. He also said that while you are in a workout status we cannot foreclose on your house. I said yes I have a paper stating that there is a foreclosure on my house. Sale date is August 19; on July 2 it was in the local newspaper.
Troy said that it could take another 2-3 weeks for paperwork. McEwen, Supervisor, came on the phone. Correct there is a loan modification in progress to just disregard the foreclosure notice. I said I cannot disregard it because it is from the courthouse. He said I would be fine. The foreclosure is not in effect. He will send an e-mail out to escalate the modification. Call back on Thursday or Friday if I donít receive the documents.
7/6/09 Called Castle Mein hold, Mary, Borrowers Assistant said to fax her the information I have from Countrywide. I did.
7/6/09 Called Countrywide again, talked to Shana who said there is no sale date on your property. They do not see a foreclosure order on their record.
7/8/09 Called CW again, the account is still under review. I said that I have a document that states that it has been approved. He said that they are trying to find out why the documents have not been sent out.
7/10/09 Talked to Tina from CW Home Retention Team. Said that we are qualified for a loan modification. I said that we did not receive a package yet. She said that it has been send out in June. Give it more time. Call back in 10 days.
7/21/09 09:35am. Talked to Eugene. Work out is in progress, does not show a foreclosure in process. There is no chance that your modification can be denied at this point. Call back in a week.
7/23/09 Talked to Hillary. What, you have not received any documents yet? She said. The documents will be sent out. They have been scanned in 7/21/09. You should receive Docs any day now. Ignore all collection notices. Yes this has been approved through the government program, Making Home Affordable.
7/31/09 Talked to Monica, Making Home Affordable Program. No package has been sending out. It is in progress of getting paperwork together.
Was transferred to Vivian, Home Retention Team. All Collections have been suspended. There is no sale date or foreclosure on file. You are approved.
Theresa (supervisor)came on line. I see that your modification has been approved. They are in process of updating the account. The workout department said to call the HOPE line. They did not have any information on this account. The supervisor said to call back in 30 days.
7/31/09 Talked to Jimmy. He said yes you are approved. You are not under foreclosure. The documents have not been send out yet.
7/31/09 Talked to David. The account is in negotiation as of July 24. Foreclosure is not active. There is no foreclosure on file. What you mean you have documents that show a foreclosure. We do not have anything on file that shows a foreclosure.
8/4/09 Talked to Sarah. There is no foreclosure on file. You are approved for the modification. No Sale Date. No foreclosure on file.
8/7/09 Talked to Lawrence. No paperwork yet. Call back. No there is no foreclosure.
8/7/09 Wrote a letter with the above information to the Finance Committee (Barney Frank) to state my confusion and concerns.
8/7/09 Received a letter from Castle Meinhold (Attorney for Countrywide). The court placed the foreclosure sale on suspense for 60 days, pending modification approval. I was told by all the above employees of BA/CW that there is no foreclosure. How can it be suspended if there is no foreclosure???
8/11/09 Talked to Sarah, Home Retention Team. Will send out a package soon. Wait for a call or call back in a few days.
8/12/09 Recorded this message. Talked to Kim. You should receive a package in the mail soon.
8/13/09 Talked to Brandon. Yes you were approved in April. It has been referred to the intake review on 8/12/09. Foreclosure is not in process. Just save your money. Good luckÖhe said.
8/17/09 Recorded this message. Talked to Ardi. You should be receiving something in the mail within the next two days. Call back in 2 days if not received.
8/19/09 Recorded this message 11/11. Called back as per phone call from 8/17/09. The paperwork was supposed to b e sent out in June. No- I did not receive any paperwork. She said that she would forward the file to her supervisor to escalate it. No foreclosure on file. Will send an e-mail to the foreclosure tech. Will get a phone call from the tech. I did not get a phone call from that department.
8/24/09 Called Home Retention Team. Recorded this message 12/12. Rene said yes you did qualify to call the HOPE team. I called the HOPE team. Did not have any information on me. Called back Home Retention Team. Recorded this message 13/13. The man said that it is still under review. Not to worry. It is not in foreclosure. Just relax.
8/27/09 Recorded 14/14. Serene said that she will escalate it. To call back.
8/31/09 Recorded 15/15. Said it is in review. Should get documents in September.
9/4/09 Recorded 16/16. Talked to Kavana. Still in review. Not under foreclosure. This can take up to 120 business days. I said but I started in March.
9/9/09 Recorded 17/17. Talked to Donna. Under review. Call back every week. No foreclosure. Should update soon.
9/10/09 Recorded 18/18. Chris said there is no foreclosure. I said that I received knowledge from my attorney that there is a sale date on my house for September 16. I got transferred to the foreclosure department then got disconnected. Called back and talked to Tracy at the foreclosure department. 800-669-6650, she said that she does not see a sale date. To call back in the afternoon.
9/14/09 Talked to Castle Meinhold Attorney for Countrywide foreclosure. There is not a foreclosure. Next Sale Date is Oct.14 pending the modification going forward. It will be extended every month until the modification is finalized.
9/16/09 Recorded 20/20 Elinda said still in process. To save the money, call back next week.
9/22/09 Recorded 21/21. The lady I talked to said that she will escalate the process, call back in five days.
9/28/09 Faxed 13 pages to 805-520-5019
9/29/09 Recorded 22/22. The property is not in foreclosure. Call the attorney for CW. Contacted the attorney for CW. There is no foreclosure sale date. Call back by the end of the week.
10/2/09 Recorded 23/23. There is no guarantee for the modification. She will escalate it. She then transferred me to a supervisor who was very unfriendly. Put on hold. She said to fax in paystubs, tax info to att: HOPE 800-658-0395/866-261-6472.
10/5/09 Called not in foreclosure.
10/13/09 Talked to Castle Mainhold. Andrew said that they are waiting on CW to tell what to do. No Sale Date. Foreclosure is on hold.
10/16/09 Recorded 27/27. Still in review. Wait for a response.

10/22/09 Recorded 28/28. Moved to a negotiator. Call back every 10 days or so.
11/10 or 11/11 Recorded 29/29. Still in process. Call back.
12/2/09 Recorded 31/31. 11:45 mountain time. Office closed call back during bus. Hours M-F, 9am-6pm.
12/2/09 Recorded 32/32. 2:20pm still under review. This will take a long time. Call back next week.
12/9/09 Recorded 33/33. 9:30 am. Said to call the HOPE team 877-643-2788. Man said he will call right back. He never called back.
12/24/09 Recorded 34/34. Christmas Eve. Talked to Michael, got transferred then disconnected. Called back, talked to Maria. She said that I was not qualified. She said that on 11/13/09 a negotiator talked to me. I said that I did not get a call or mail from anyone. I asked to be transferred. She was not at work. I asked for her name. Angie Moran Ext. 5962990. Merry Christmas!!!!!
12/28/09 Recorded 35/35. 800-262-4218. 1st call disconnected after 7 Min. 2nd call disconnected. 3rd call disconnected.
12/29/09 Recorded 37/37. Talked to Donna. She said that we are not qualified.

Case Detail:
BANK OF AMERICA TRIED TO FORECLOSE ON MY HOME AND DID NOT EVEN HAVE RECORDS OF IT. BANK OF AMERICA DID NOT KNOW THAT A FORECLOSURE IS IN PROCESS UNTIL I TOLD THEM

2014-03-12  
Class Action Investigation Member:
russellcat
 

Case Details:
my wife relapsed/ is recovering alcoholic. Our bussiness failed ,We lost our health insurance & life ins. and our good credit was destroyed. I currently have very high blood pressure and other health issues and no home which we had built and raised 5 boys. HELP! PLEASE!!!!!


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2014-03-12  
Class Action Investigation Member:
russellcat
 

Case Details:
my wife relapsed/ is recovering alcoholic. Our bussiness failed ,We lost our health insurance & life ins. and our good credit was destroyed. I currently have very high blood pressure and other health issues and no home which we had built and raised 5 boys. HELP! PLEASE!!!!!


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2014-03-12  
Class Action Investigation Member:
russellcat
 

Case Details:
my wife relapsed/ is recovering alcoholic. Our bussiness failed ,We lost our health insurance & life ins. and our good credit was destroyed. I currently have very high blood pressure and other health issues and no home which we had built and raised 5 boys. HELP! PLEASE!!!!!


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2014-01-07  
Class Action Investigation Member:
tlewis
 

Case Details:
I am in the process of trying to find a new home. I am stressed out and don't know what to do, please help because this was wrong.


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2013-09-20  
Class Action Investigation Member:
bjthimesch
 

Case Details:
The loss of our home for more than 16 years. We had no place to go. We had to uproot our four children. We went through extreme anguish and depression. And our home was appraised at 365,000 and that was a total loss because of the forclosure. I am a disabled veteran.


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2012-09-17  
Class Action Investigation Member:
motomachi
 

Case Details:
I lost my house as my loan modification applications wre dnied including the HAMP application. I then did a short sale and B of A sold the house anyway during the short sale.


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2012-08-09  
Class Action Investigation Member:
bobbie52
 

Case Details:
we had a countrywide loan that was taken over by B of A , they sent us papers for new loan to sign but no loan docs, told us sign or move our Ass out. the payment was already late when they sent the paper. we signed , started making payments after 9 months they refused to take payments, no reason, we tried to modify they said after 3 months they did not wan to, we hired an attorney filed lawsuit, they forclosed and posted unlawfull detainer, we got new attorney went to court , bank said we will fix the papers so you can pay, six months later they say no, we don't make enough money (hint) 720,000.00 a yr is not enough money) they then said find an investor to buy for you, we did, they would not work with them just inflated the cost of the house so much the investment co would not go any higher, posted 5 day notice we then went to court judge says we drug it out too long you have 30 days, can we file a new lawsuit against BofA put a stop order on this untilit gets to court. If we move we will never get our home back, All we ever wanted to do was pay for our home we have for 16 yrs. HELP


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2012-07-12  
Class Action Investigation Member:
hoosier
 

Case Details:
Due to divorce, I could not afford the mortgage but continued to make payments with the help of my ex for three months. I qualified and filed for a deed-in-lieu, which Bank of America denied after telling me for almost 3 months they would not foreclose. I still had the home for sale through Coldwell Banker and my realtor initiated a preforeclosure sale. There were 4 offers which the bank denied, so they foreclosed anyway, listed the home with an agency called Home Steps, and sold it one month later for the same price that it was listed with my realtor and the preforeclosure company.


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2012-05-11  
Class Action Investigation Member:
mariaboruta
 

Case Details:
I was in bad loan form countrywide.The payment doubled. Was not notify of the trustee sale at all.


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2011-11-07  
Class Action Investigation Member:
lynettelroloson
 

Case Details:
We have been trying to make payments butt they wont accept them. They are not helping us or co-operating with us to get mortgage straightened out. They were very dishonest and uncooperative. We don't want to lose out home and are in fear of it.


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2011-07-17  
Class Action Investigation Member:
whatames
 

Case Details:
I have not made but six payments in four years and I believe that Bank of America does not hold my loan or should I say that they don't have the original. Due to the fact that I still live in my house makes me aware that they have no idea where it is and that they have probably reconstructed it.


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2011-05-12  
Class Action Investigation Member:
efox490215
 

Case Details:
I have suffered loss of sleep been denied the right to morne my husband. My stress level is so high I have been having strange feelings like my heart is flip flopping. I have had arguments with my family and have had to watch my 100 year mother worry about where I will live


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2011-04-09  
Class Action Investigation Member:
recontrust
 

Case Details:
MERS does not have the legal right to engage or continue the foreclosure sale -not real party of interest-not the assignee of the lender - not holder of any instrument, note, mortgage, that would give it authority to engage in or continue the pending sale. The mortgage instrument assuming they have it does not provide a "power of sale" clause.


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2011-03-18  
Class Action Investigation Member:
bleukiena
 

Case Details:
Stress and suffering. Loss of sleep and wondering everyday when the sheriff is gonna post a sale date on my front door.


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2011-03-05  
Class Action Investigation Member:
Toyanda1
 

Case Details:
I purchased a home in 2007 and when my 23yr old brothers cancer spread to his brain I had to return to vabch to be there for my mother. I paid the mortgage until obtaining a tenant. The tenant was there shortly before late on payments, or missed. I am a single parent and planned to go back to secure my home, but my brother died I stayed in vabch with my mother and the tenant was still in the house, but abandoned it before the lease was up. I tried to secure another tenant with no luck and decided on a short sale. For over a year I was given the run around I had numerous potential buyers some wanting to paY cash for the house. Each time the bank requested the paperwork myself and my realtor would provide then they'd say they don't have it and the sale denied. This happenedmore than 4 times and the last time they declined it foreclosed and still allowed the person to buy the house a week later from them. The negotiator simply retaliated because I and my realtor reached out to her directly as well as to her supervisor. Now I have bad credit and can't buy a house because of those in authorized abusing the system with no regards to the person or families. This has to stop!


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2011-03-05  
Class Action Investigation Member:
Toyanda1
 

Case Details:
I purchased a home in 2007 and when my 23yr old brothers cancer spread to his brain I had to return to vabch to be there for my mother. I paid the mortgage until obtaining a tenant. The tenant was there shortly before late on payments, or missed. I am a single parent and planned to go back to secure my home, but my brother died I stayed in vabch with my mother and the tenant was still in the house, but abandoned it before the lease was up. I tried to secure another tenant with no luck and decided on a short sale. For over a year I was given the run around I had numerous potential buyers some wanting to paY cash for the house. Each time the bank requested the paperwork myself and my realtor would provide then they'd say they don't have it and the sale denied. This happenedmore than 4 times and the last time they declined it foreclosed and still allowed the person to buy the house a week later from them. The negotiator simply retaliated because I and my realtor reached out to her directly as well as to her supervisor. Now I have bad credit and can't buy a house because of those in authorized abusing the system with no regards to the person or families. This has to stop!


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2011-02-12  
Class Action Investigation Member:
jnieporte
 

Case Details:
I received a loan modification where Bank of America lent money to bring loan current dropped the interest rate and made it an adjustable loan. Everything I see says i am current. I have spoken to the foreclosure department (Gary) who says there is no order to foreclose. I have a case number on file that says there is a foreclosure notice


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2011-01-25  
Class Action Investigation Member:
silvergirl
 

Case Details:
When I applied for loan modification, they said I was approved. Since then, they have threatened foreclosure on numerous occasions, they call me if I'm 5 days late on my house payment, they held my payments in escrow yet have assessed bogus late charges. They also call me AFTER I have made a payment on an amount they both billed me for and then asked for by phone, then told me that I owed MORE late charges. After months of this, I asked to speak to a supervisor. They tried everything to keep me from speaking to the supervisor (they wanted to transfer me back to the department that had just tranferred me there) and they left me on hold for about 20 minutes. When the supervisor got on, I asked him to put in writing the amount they were asking for from me and to state that I would be up to date on my payments, but he coldly told me they "don't do that"; i.e., they don't write letters. Everything has to go through their legal department, so I suggested he write me a letter but send it to the legal department first and he said, "They won't approve it. The legal department is the only department who can send out letters." No matter how I worded it, he told me that there was no way to put in writing that the amount they tell me over the phone that is actually due. I suggested that I should record our conversations so I'd have a record of what they told me, and he said, "Then we would refuse to talk to you."So my credit is held hostage by a company that refuses to communicate with me.
They have caused untold damage to our hearts (souls), our health, our feelings of well-being. With a powerful institution like Bank of America, how do we fight back?


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2011-01-02  
Class Action Investigation Member:
dteeple73
 

Case Details:
I applied for a loan modification when I returned from Basic training, I was approved but the payments I was sending did not get applied to my mortgage. I recieved a income tax return in the amount of $10040.00 on March 8th 2010. I knew I was behind about sixty days and they stated I needed $2660.00 dollars to pay up through April, I paid the amount over the phone by check. At the end of the month my wife called me and stated that we recieved an Act 91 in the mail. I called BAC and asked what had happened, they stated that 11 days after I made that payment BAC put my home in foreclosure, they stated that this was their mistake and they would fix it, I have been hearing the same thing for almost a year and now our home is being sheriff sold on Jan. 3rd 2011


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